This Terms and Conditions Agreement (the “Agreement”) is between Align Fitness of Holland LLC (“Align Fitness”) and you (the “User”) for the use of alignfitnessofholland.com website, mobile applications, associated widgets, and other distribution platforms (the “Sites”). This Agreement should be read carefully by the User before proceeding.

By accessing or using the Sites and/or participating in any Align Fitness classes, online or at a physical location, you agree to the following Agreement and acknowledge that you have read and fully understand and accept this Agreement and represent and agree that your consent is freely and knowingly given.

If you do not agree to this Agreement, please do not use or access the Sites. Align Fitness reserves the right to refuse or cancel your account at any time should you violate any provision of this Agreement, or any other posted policy on the Sites.

PERSONAL USE

The services provided by the Sites are for your personal, non-commercial use only. By merely providing access to the Sites, Align Fitness does not warrant or represent that: a) any materials, documents, images, design, audio, video, graphics and any other information provided from or on the Sites (collectively, the “Content”) is accurate or complete; b) the Content is up-to-date or current; c) Align Fitness has any obligation to make any Content current or up-to-date; d) the Content is free from technical inaccuracies or programming or typographical errors; e) the Content is free from changes by a third party; f) your access to the Sites will be free from interruptions, errors, computer viruses; or other harmful components; and/or g) any information obtained in response to questions asked through the Sites is accurate or complete.

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. The information on the Sites is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning this exercise program offered through the Sites. Nothing stated or presented on the Sites is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician if you have any questions regarding a medical condition or an exercise regimen or any other matter related to your health and well-being.

You voluntarily assume any and all risks, known or unknown, associated with your use of the Sites (“Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Sites or the Released Parties.

Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.

RELEASE

You expressly agree to release and discharge the instructor and Align Fitness and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns, and the directors, officers, employees, agent contractors, partners, shareholders, representatives and members of the foregoing entities or other personnel affiliated with the Sites (the “Released Parties”) from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

CHANGES TO THIS AGREEMENT

Align Fitness reserves the right to change this Agreement, conditions, and notices under which the Sites is offered and operates, including but not limited to the charges associated with the Sites without notice.

YOUR MEMBERSHIP ACCOUNT

The Sites are not directed at or intended for children under eighteen years of age, and by providing information about yourself  to Align Fitness you are affirming that you are eighteen years of age or older and that you are of legal age to form a binding contract with Align Fitness.

When you subscribe to and use the Sites, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. Align Fitness and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to: a) maintain all equipment necessary for your access to and use of the Sites; b) maintain the security of your user identification, password, and any other confidential information related to your Align Fitness account; c) take responsibility for all charges resulting from use of your Align Fitness account, including unauthorized use prior to your notifying Align Fitness of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and d) update your account information as appropriate.

MEMBERSHIP CANCELLATION

You can cancel your membership at any time for any reason and you will not be charged again. Align Fitness does not refund any paid and unused membership fees.

THIRD PARTY CONTENT

Align Fitness may provide hyperlinks to other websites maintained by third parties. The links to other websites are provided for your convenience and information only. The content or any linked website is not under the control of Align Fitness therefore Align Fitness is not responsible for the content of linked websites, including any further links contained in a third party website. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED THROUGH THESE SITES, YOU DO SO SOLELY AT YOUR OWN RISK.

COPYRIGHT AND TRADEMARKS

The Sites contain copyrighted material owned by Align Fitness. You may not obtain or attempt to obtain any copyrighted material or information through any means from the Sites.

All trademarks, names, and logos used on the Website are owned by Align Fitness. Your use of the Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained on the Sites. No license is expressly implied or granted with your use of the Sites. Without the prior permission in writing from Align Fitness, you agree not to display or use in any manner, any of the trademarks, names, or logos featured on the Sites for which you do not have personal rights.

LIABILITY DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSLY OR IMPLIED. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITES ARE OR WILL REMAIN ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON THE SITES, WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. ALIGN FITNESS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING. ALIGN FITNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE INFORMATION PROVIDED ON THE SITES OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE SITES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SITES.

IN NO EVENT WILL ALIGN FITNESS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING NEGLIGENCE,  ARISING FROM YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SITES AND/OR USE OR RECEIPT OF ANY PRODUCTS OR SERVICES PROVIDED BY ALIGN FITNESS, INCLUDING BUT NOT LIMITED TO THE RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, THEFT, OR UNAUTHORIZED ACCESS TO THE SITES’ RECORDS AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF ALIGN FITNESS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH THESE TERMS AND CONDITIONS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE THROUGH THE SITES WILL BE TO DISCONTINUE USING THE SITES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Align Fitness and its directors, officers, agents, and employees from and against all claims and demands, suits, proceeding, liabilities, judgments, losses, damages, expenses, costs (including without limitation attorneys’ fees) assessed or incurred by Align Fitness, directly or indirectly, with respect to or arising out of; i) your failure to comply with this Agreement;  ii) your breach of your obligations under this Agreement; and/or iii) your use of the rights granted hereunder, including without limitation any claims made by third parties.

PRIVACY

Personal data that you provide regarding yourself will be handled in accordance the Align Fitness's Privacy Policy.

MISCELLANEOUS

To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Michigan, and you hereby consent to the exclusive jurisdiction and venue of courts in Ottawa County, Michigan, United States of America in all disputes arising out of or relating to the use of the Sites.

Use of the Sites is unauthorized in any jurisdiction in any location that does not give effect to all provisions of this Agreement. Access to the Sites from jurisdictions where such access is illegal is at your sole risk and responsibility.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Align Fitness with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Your consent to this Agreement

By accessing and using the Sites, you consent and agree to be bound by the foregoing Agreement.

Effective Date: December 3rd, 2015